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Terms of Service for Spillway

Effective date: July 22, 2026
Status: Pre-alpha / invited testing

These Terms of Service (“Terms”) govern use of Spillway, an email organization application currently developed and, in some builds, displayed as EmailSorter (the “App”). The App is independently developed and operated by Josh Pasek (“Operator”).

By installing, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Pre-alpha software

The App is experimental pre-alpha software offered to a limited group for evaluation. Features may be incomplete, change without notice, fail, or behave differently across devices and providers. The App is not yet intended for high-risk, safety-critical, or legally mandated workflows.

You should keep access to Gmail or another established mail client and maintain appropriate backups. Do not rely on the App as the only copy of mail, attachments, drafts, tasks, reminders, calendar information, or other important records.

2. Eligibility and authority

You must be legally capable of agreeing to these Terms. You may connect or process only accounts and information that you are authorized to access.

If you use an employer, school, government, clinical, client, or other managed account, you are responsible for confirming that your use of the App, local storage, AI provider, backup destination, and other integrations is permitted by the applicable organization and law.

The App does not determine or certify compliance with FERPA, HIPAA, IRB requirements, public-records laws, records-retention obligations, institutional policy, or any other legal or professional standard.

3. License

Subject to these Terms, the Operator grants invited testers a limited, personal, revocable, nonexclusive, nontransferable license to install and use the App for evaluation and ordinary personal or professional productivity.

You may not:

  • sell, sublicense, rent, or commercially redistribute the App without written permission;
  • use the App to access another person’s account without authorization;
  • circumvent security or access controls;
  • interfere with the App, its providers, or other users;
  • use the App to send spam, malware, unlawful content, or deceptive communications; or
  • use the App in violation of applicable law or third-party terms.

Any source-code rights are governed separately by the repository’s license, if and when one is adopted. These Terms do not grant rights to third-party software, services, or trademarks.

4. Accounts and third-party services

The App connects directly to services selected by the user, which may include Google/Gmail, Apple Calendar and Reminders, Ollama, OpenAI, Anthropic, Google Gemini, local or cloud storage, and feedback tools.

Your use of each service is governed by that provider’s terms and privacy policy. The Operator does not control and is not responsible for third-party availability, security, pricing, model behavior, retention, account restrictions, or changes.

You are responsible for:

  • maintaining your provider accounts and credentials;
  • reviewing the permissions shown during authorization;
  • protecting your device and account access;
  • any provider charges associated with your use; and
  • revoking access or disconnecting services you no longer wish to use.

5. Gmail and outbound actions

The App may read and organize Gmail and, when enabled or initiated by the user, modify labels, read state, stars, archive or Trash state, drafts, and outbound mail.

Review recipients, sender account, attachments, content, timing, and provider state before sending or scheduling. “Undo Send” may be a local delay before provider transmission; it is not a guarantee that a message accepted by a provider can be recalled. Scheduled or queued actions can be affected by sleep, shutdown, network failure, provider changes, or App defects.

The App does not guarantee successful delivery, synchronization, restoration, or reversal of a provider action.

6. AI-assisted features

AI output may be incomplete, inaccurate, biased, misleading, or stale. Classifications, summaries, extracted requests, dates, opportunities, suggested actions, and draft language are aids—not facts or professional advice.

You remain responsible for reviewing AI output and for every decision or external action. Do not rely on the App for legal, medical, financial, safety-critical, compliance, or emergency decisions.

When you configure cloud AI or a nonlocal inference endpoint, information may be sent to that provider. You are responsible for choosing a provider and account whose terms and data controls are appropriate for your information.

7. Your data and feedback

You retain your rights in email, files, text, categories, corrections, and other content you process with the App.

You grant the App only the permissions necessary to provide the functions you choose. The Operator does not claim ownership of your Gmail data.

If you voluntarily send feedback, you grant the Operator permission to use, summarize, and incorporate it to improve the App. Do not include confidential or sensitive third-party information. The Operator will not publicly identify you or publish raw private feedback without permission.

8. Privacy

The Privacy Policy explains how information is accessed, used, stored, and shared and is incorporated into these Terms.

9. Data protection and backups

The App stores substantial data locally. Some local stores, exports, or user-enabled backups may contain sensitive information in readable form. You are responsible for device security, full-disk protection, access controls, backup handling, and compliance with your own obligations.

Although the App includes recovery safeguards, no backup or recovery system is infallible. Test recovery only with appropriate care and keep independent copies of important information.

Removing an account, revoking authorization, uninstalling the App, or deleting a cloud account may have different effects. You are responsible for separately deleting local data, exported files, and backups you no longer want.

10. Availability, updates, and termination

The Operator may modify, suspend, discontinue, or restrict the App or an invited test at any time. Updates may be required to continue using the App safely.

You may stop using the App at any time and revoke connected-service access. The Operator may terminate access for misuse, security risk, legal requirements, or the end of the test.

Sections that by their nature should survive termination—including ownership, disclaimers, limitation of liability, and governing law—will survive.

11. No warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, OR THAT DATA WILL NOT BE LOST, ALTERED, DISCLOSED, OR DUPLICATED.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, MAIL, FILES, PROFITS, REPUTATION, USE, OR BUSINESS OPPORTUNITY ARISING FROM OR RELATED TO THE APP.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THE OPERATOR FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR (B) US $50.

These limitations do not apply where prohibited by law.

13. Indemnity

To the extent permitted by law, you agree to defend and indemnify the Operator from third-party claims arising from your unlawful use of the App, unauthorized access to an account, or violation of these Terms. This obligation does not apply to claims caused by the Operator’s own misconduct where the law does not permit indemnification.

14. Governing law

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be brought in a court with appropriate jurisdiction in Michigan, unless applicable consumer law requires otherwise.

15. Changes to these Terms

The Operator may update these Terms as the App changes. Updated Terms will show a revised effective date. Material changes may require renewed acceptance or notice before continued use.

16. Contact

Questions about these Terms may be sent through the contact method published at joshpasek.com. Before public or expanded beta distribution, the OAuth consent screen should also list a monitored App-specific support address.